As of June 21, 2014, Florida pro se
litigants can e-file their court documents in all counties and
circuits throughout the state. E-filing has been in place for
attorneys for some time, and this move may level the playing field
for pro se litigants. Or it may prove to be yet a new barrier to
court access. Only time will tell.
In the past, pro se litigants have
struggled to meet the requirements of court filings. A few circuits
have active pro se help desks that benefit consumers by making sure
that their documents are complete and correct. However, in many other
circuits pro se litigants' access to the legal system is effectively
obstructed by clerks of court who reject pro se litigants documents
for errors or missing forms. It remains to be seen how this will play
out with e-filing.
Even worse, in the past, pro se filings
sometimes languish in legal limbo due to a deficiency. Frequently, pro
se litigants experience immense frustration when dealing with the
court system. Consumers are often met with a non-answer from a court
clerk - "We are prohibited from giving legal advice". Fair
enough, however, when the clerks select forms for pro se litigants by
refusing to accept their documents for lack of a form, is that not
also legal advice according to the Florida Bar UPL rules?
I don't mean to sound negative, and am
trying to keep an open mind. Any step forward in court access for
consumers is a good thing. I only hope that the automated e-filing
system doesn't create additional barriers. To learn more about
e-filing for pro se litigants go to www.myflcourtaccess.com.
If you have already used the pro se
e-filing system, please comment.
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